HOUSE BILL REPORT

HB 215

BYRepresentatives Haugen, L. Smith, Bumgarner, Cooper, Rayburn, Brough, Patrick, Lewis, Zellinsky, Madsen, Moyer, Brooks and P. King 

Relating to county death investigations.

House Committe on Judiciary

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (12)

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Hargrove, Lewis, Locke, Moyer, Niemi, Padden, Patrick, Schmidt, Scott and Wang.

Minority Report:     Do not pass.  (1)

     Signed by Representative Heavey.

House Staff:Paul Browne (786-7310)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 20, 1987

BACKGROUND:

County coroners and county medical examiners are called upon to determine the cause of death in certain statutorily prescribed situations.  Based on examination of the deceased the coroner or medical examiner certifies the manner of death and that death was a result of homicide, suicide or accident.

Members of the deceased's family occasionally contest the findings of the examiner or coroner and have brought suit for negligence in determining the cause of death.  This can occur when the family believes that death was by homicide or accident but the examining official certifies that suicide was the cause of death.

Some medical examiners have been sued personally and some suits have continued for more than ten years.

Presently in Washington coroners and medical examiners do not have immunity.  Case law indicates that if a public official has been granted immunity, and an act of the official is a discretionary act, the governmental entity may not be held liable.

SUMMARY:

SUBSTITUTE BILL:  A county coroner or medical examiner is immune from tort liability for determining the cause and manner of death.  The findings of the cause and manner of death are subject to judicial review, but coroners and medical examiners are not liable for damages. The bill does not explicitly state whether or not a county will be immune from suit.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The provision is added stating that findings of the cause and manner of death are subject to judicial review.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Don Reay, King County Medical Examiner; Jim Goche, Washington Association of County Officials; Ted Frazier, Retired Coroner, Thurston County; Judy Arnold, Thurston County Coroner.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     This legislation would grant immunity to coroners for professional decisions in the same way judges and prosecutors are granted immunity.  Coroners would make more accurate determinations because they do not act in fear of lawsuits.

House Committee - Testimony Against: This extends the doctrine of sovereign immunity too far.